I am going to do my first remodel job and was wondering where to find resources on contracts and contract design, what to include what not to include, ect..?
Is it advisable to have a lawer to review a contract after you draft it to check for liability issues ect..?
arrarrzzz; If you post your email, I will send you a letter form one I use for residential projects. It is a good idea to have an attorney look at a contract, but sometimes on a small project the cost is just too high. i had my attorney look at this one originally, now I just edit it. I like the AIA contracts for larger jobs, but for residential ones, I have added in specific clauses that are extremely useful, like limiting my liability, recognizing that I am not responsible for construction costs, recognizing that there WILL be unforseen conditions, etc. It has worked well for me.
I almost always give them a contract for the first phase only, preliminary desgin, then after that phase give them the rest of the contract. A couple of reasons why; sometimes the project grows as you work on the preliminary design, I get to find out how easy/difficult they are to work with, and if I really don't liek them, or they do not pay well, I do not have to continue.
archie-
you mind sending me a copy of how you worded that contract also? I am about to be doing a small addition on a local deli and haven't gotten all the paperwork finished yet. --i have copies of all the aia stuff, but like you said i's a little much for something this small.
I've written my own taken bits and pieces from experiences (ie nicked from the companies I worked with), it was a good way to see what worked and what didn't without the personal tragedy. I would write a series of them - kinda the ideal cover (think the pre-nup agreement from that movie with George Clooney/Catherine Zeta-Jones). When its all done, and you've reviewed it a couple times, pass it to your lawyer - its worth the due, because you can use it over and over. Then when you get clients ammend it for the project - take out bits and pieces here and there for what you think works.
Wish you luck on that - mine took me the better part of 2 years to write.
i was thinking of using aia doc B155, standard form of agreement between owner and architect for a small project, for a remodeling job. but, unless owner and contractor use A205, owner/contractor agreement for a small project, it kind of becomes meaningless for the most part.
a lot of contractors do not use aia contracts when it comes to residential work around los angeles, which makes it necessary to write your own contracts. i've been using home made contracts before i got my license. i was wondering, what some of you guys have been doing regarding to this?
regardless what kind of contract contractor uses, should i still use the A155 and add special conditions to it mainly concerning the issues archie addressed in his post above? thanks..
"a lot of contractors do not use aia contracts when it comes to residential work around los angeles" ...
are you saying the contractors "won't" use aia agreements or that they "prefer" not to use aia agreements
typically, in our area, contractors will use whatever contract form their customer sez to use ... the fact that contractors in your area aren't using the aia form would give me considerable pause ... it's probably biased toward the contractor and probably doesn't protect the owner (your client) very well ... in my experience, the contractor will use whatever you (and the client) say to use if they want the project
try to persuade your client(s) to use the entire family of aia agreements ... that way they will be well coordinated and will protect both you and the client in the event of disputes or litigation
why would anybody write their own agreement these days ?
that is exactly what i was coming to conclusion with. he will be hired after me so he better use aia contract if he wants the job. and aia contracts are better for the client and others involved anyway.
digger, thanks for helping me clear this in my mind.
it almost never pays to reinvent the wheel ... say what you will about aia, but they invest heavily in the contract documents and they work hard to make them both useful and fair
Nov 23, 05 9:02 pm ·
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contracts???
I am going to do my first remodel job and was wondering where to find resources on contracts and contract design, what to include what not to include, ect..?
Is it advisable to have a lawer to review a contract after you draft it to check for liability issues ect..?
buy 'em from the local aia chapter. even if you're not a member. if your client thinks they're ok, they protect the architect/designer pretty well.
arrarrzzz; If you post your email, I will send you a letter form one I use for residential projects. It is a good idea to have an attorney look at a contract, but sometimes on a small project the cost is just too high. i had my attorney look at this one originally, now I just edit it. I like the AIA contracts for larger jobs, but for residential ones, I have added in specific clauses that are extremely useful, like limiting my liability, recognizing that I am not responsible for construction costs, recognizing that there WILL be unforseen conditions, etc. It has worked well for me.
I almost always give them a contract for the first phase only, preliminary desgin, then after that phase give them the rest of the contract. A couple of reasons why; sometimes the project grows as you work on the preliminary design, I get to find out how easy/difficult they are to work with, and if I really don't liek them, or they do not pay well, I do not have to continue.
archie-
you mind sending me a copy of how you worded that contract also? I am about to be doing a small addition on a local deli and haven't gotten all the paperwork finished yet. --i have copies of all the aia stuff, but like you said i's a little much for something this small.
[email protected]
I've written my own taken bits and pieces from experiences (ie nicked from the companies I worked with), it was a good way to see what worked and what didn't without the personal tragedy. I would write a series of them - kinda the ideal cover (think the pre-nup agreement from that movie with George Clooney/Catherine Zeta-Jones). When its all done, and you've reviewed it a couple times, pass it to your lawyer - its worth the due, because you can use it over and over. Then when you get clients ammend it for the project - take out bits and pieces here and there for what you think works.
Wish you luck on that - mine took me the better part of 2 years to write.
i was thinking of using aia doc B155, standard form of agreement between owner and architect for a small project, for a remodeling job. but, unless owner and contractor use A205, owner/contractor agreement for a small project, it kind of becomes meaningless for the most part.
a lot of contractors do not use aia contracts when it comes to residential work around los angeles, which makes it necessary to write your own contracts. i've been using home made contracts before i got my license. i was wondering, what some of you guys have been doing regarding to this?
regardless what kind of contract contractor uses, should i still use the A155 and add special conditions to it mainly concerning the issues archie addressed in his post above? thanks..
"a lot of contractors do not use aia contracts when it comes to residential work around los angeles" ...
are you saying the contractors "won't" use aia agreements or that they "prefer" not to use aia agreements
typically, in our area, contractors will use whatever contract form their customer sez to use ... the fact that contractors in your area aren't using the aia form would give me considerable pause ... it's probably biased toward the contractor and probably doesn't protect the owner (your client) very well ... in my experience, the contractor will use whatever you (and the client) say to use if they want the project
try to persuade your client(s) to use the entire family of aia agreements ... that way they will be well coordinated and will protect both you and the client in the event of disputes or litigation
why would anybody write their own agreement these days ?
that is exactly what i was coming to conclusion with. he will be hired after me so he better use aia contract if he wants the job. and aia contracts are better for the client and others involved anyway.
digger, thanks for helping me clear this in my mind.
you're welcome ...
it almost never pays to reinvent the wheel ... say what you will about aia, but they invest heavily in the contract documents and they work hard to make them both useful and fair
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